First Amendment protected rights of UNC-Wilmington professor championed by AAUP, FIRE after ADF files first brief in appeal
Friday, July 2, 2010

RALEIGH, N.C. — The Alliance Defense Fund has received the support of three significant organizations in its defense of a criminology professor whose opinion columns were determined by a judge to be unprotected by the First Amendment simply because he made reference to them in a promotion application.

The American Association of University Professors, the Foundation for Individual Rights in Education, and the Thomas Jefferson Center for the Protection of Free Expression jointly filed a friend-of-the-court brief Friday in support of Dr. Mike Adams’ appeal in a lawsuit against the University of North Carolina-Wilmington. The suit contends the university denied Adams a promotion because his nationally syndicated opinion columns espoused religious and political views out of step with the opinions of university officials.

“Christian professors should not be discriminated against because of their beliefs. Disagreeing with an accomplished professor’s religious and political views is no grounds for refusing him promotion,” said ADF Senior Counsel David French. “Opinion columns are some of the clearest examples of free speech protected by the First Amendment. Mentioning them on a promotion application does not change that, and it’s encouraging that three organizations which understand this are supporting Dr. Adams in our appeal.”

Adams frequently received accolades from his colleagues after the university hired him as an assistant professor in 1993 and promoted him to associate professor in 1998 when he was an atheist. However, intrusive investigations, baseless accusations, and the denial of promotion to full professor followed his conversion to Christianity in 2000, even though his scholarly output surpassed that of almost all of his colleagues.

ADF attorneys representing Adams sued UNCW in April 2007, arguing that he was harassed and denied a promotion because his Christian beliefs did not coincide with the political and philosophical stance of his superiors. The U.S. District Court for the Eastern District of North Carolina, Southern Division, denied the university’s motion to dismiss the lawsuit in 2008 but ruled against Adams in March. ADF attorneys appealed to the U.S. Court of Appeals for the 4th Circuit and filed their opening brief in Adams v. The Trustees of the University of North Carolina-Wilmington on June 28.

“The First Amendment protects the ability of faculty to speak freely,” added French. “If allowed to stand, this decision could have huge ramifications for the free speech rights of university professors, who are often required to author articles to further their careers.”

 

 

ADF attorneys file notice of appeal in lawsuit against UNC-Wilmington
Monday, April 12, 2010

RALEIGH, N.C. — Attorneys with the Alliance Defense Fund representing a criminology professor at the University of North Carolina-Wilmington appealed a federal judge’s decision Friday in a lawsuit against the school.

ADF attorneys argue that the university refused to promote Dr. Mike Adams to full professor because of his religious beliefs and political viewpoints, as espoused through nationally syndicated opinion columns that he has written. The judge found last month that his columns are not protected by the First Amendment simply because he made reference to them on a promotion application.

“Christian professors should not be discriminated against because of their beliefs. Disagreeing with an accomplished professor’s religious and political views is no grounds for refusing him promotion,” said ADF Senior Counsel David French. “Opinion columns are some of the clearest examples of free speech protected by the First Amendment. Mentioning them on a promotion application does not change that.”

“The First Amendment protects the ability of faculty to speak freely,” added ADF Litigation Staff Counsel Joe Martins. “If allowed to stand, this decision could have huge ramifications for the free speech rights of university professors, who are often required to author articles to further their careers.”

Adams frequently received accolades from his colleagues after the university hired him as an assistant professor in 1993 and promoted him to associate professor in 1998 when he was an atheist. However, intrusive investigations, baseless accusations, and the denial of promotion to full professor followed his conversion to Christianity in 2000, even though his scholarly output surpassed that of almost all of his colleagues.

ADF attorneys representing Adams sued UNCW in April 2007, arguing that he was harassed and denied a promotion because his Christian beliefs did not coincide with the political and philosophical stance of his superiors. The court denied the university’s motion to dismiss the lawsuit in 2008.

The U.S. District Court for the Eastern District of North Carolina, Southern Division, issued its summary judgment order in Adams v. The Trustees of the University of North Carolina-Wilmington on March 15.

 

 

RALEIGH, N.C. — A federal judge ruled Monday that nationally syndicated opinion columns written by a criminology professor at the University of North Carolina-Wilmington are not protected by the First Amendment because he referred to them on a promotion application.

ADF attorneys argue that the university refused to promote Dr. Mike Adams to full professor because of his religious beliefs and political viewpoints, as espoused through his columns. They are considering their options for appealing the decision.

“Christian professors should not be discriminated against because of their beliefs. No university should refuse promotion to an accomplished professor simply because it disagrees with his religious and political views,” said ADF Senior Counsel Jordan Lorence. “We disagree with the court’s assessment that Dr. Adams’ speech is somehow not protected by the Constitution. Opinion columns are classic examples of free speech protected by the First Amendment, and mentioning them on a promotion application does not change this fact.”

Adams frequently received accolades from his colleagues after the university hired him as an assistant professor in 1993 and promoted him to associate professor in 1998 when he was an atheist. However, intrusive investigations, baseless accusations, and the denial of promotion to full professor followed his conversion to Christianity in 2000, even though his scholarly output surpassed that of almost all of his colleagues.

ADF attorneys representing Adams sued UNCW in April 2007, arguing that he was harassed and denied a promotion because his Christian beliefs did not coincide with the political and philosophical stance of his superiors. The court denied the university’s motion to dismiss the lawsuit in 2008.

The summary judgment order in the case Adams v. The Trustees of the University of North Carolina-Wilmington was issued by the U.S. District Court for the Eastern District of North Carolina, Southern Division.